ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

ANT Lawyers

Vietnam Law Firm with English Speaking Lawyers

Thứ Ba, 10 tháng 5, 2016

HOW TO IMPORT AND TRADE MEDICAL DEVICE

Import of medical device is a complicated process under Vietnam laws as it applies and impacts on human bodies. Ministry of Health is the Vietnam State Authority governing the import permit of medical device that requires import permit. Lawyers of law firm in Vietnam with experience in medical device should be consulted for the import licensing and sub-licensing process to ensure smooth experience.

1. Introduction about Medical Device
According to Circular No.30/2015/TT-BYT dated Oct 12th 2015 on importing of medical equipment, the term “medical device” is the types of equipment, tool, material and in-vitro diagnosis chemical and software used separately or combined with each other as indicated by the owner to serve people for one or a lot of purposes as follows:
a) Diagnosis, prevention, monitoring, treatment and mitigation of disease or injury compensation;
b) Checking, replacement, modification or surgery support and physiological process;
c) Life support or sustainment;
d) Conception control;
dd) Sterilization of medical equipment (not including chemicals and insecticides and disinfectants for domestic and medical use);
e) Use for medical equipment;
g) Special transport for medical activities.
2. How to import and trade Medical Device in Vietnam
In order to import the Medical Device, the importer has to strictly comply with Vietnam laws, especially setting up the trading company with the function to import and trade Medical Device.
Except those medical devices not yet permitted for use in Vietnam, trading medical device is considered as conditional business that the company must satisfy the following conditions:
a) Medical device must fully comply with the provisions of law;
b) Business entities must be traders defined in the Vietnam Commercial Law;
c) Business establishments must satisfy the requirements on techniques, equipment, facilities, business process and other standards prescribed by law; locations of business establishments must be in line with the planning on development of the network of establishments doing business with goods and/or services subject to conditional business;
d) Managerial and technical staff and employees personally engaged in the sale and purchase of goods, and employees personally engaged in the provision of services must satisfy the requirements on professional qualifications and experience and be physically fit according to the provisions of law;
e) Business traders must have certificates of satisfaction of business conditions in cases where such certificates are required by law to be granted by competent agencies.
3. Permit to import Medical Device
Further, for certain medical device belonging to the list which Vietnam Ministry of Health issues, the importer has to obtain the medical device import permit before importation.
Dossier for new issuance of Medical Device import permit includes:
a) A written request of issuance the permit as prescribed by law.
b) Valid certificate of free sale of types of imported medical devices at the time of submission of dossier.
c) The valid ISO 13485 or ISO 9001 quality systems certification (hereinafter referred to as ISO certification) of manufacturer at the time of dossier submission.
d) The valid Letter of authorization from medical equipment owner to organizations or individuals importing the medical equipment.
e) The technical material describing the types of medical equipment in Vietnamese language.
f) Catalogue describing the functions and technical parameters of types of imported medical equipment.
g) The clinical assessment material and manual of owner or manufacturer for the medical equipment specified in section 49 of Annex I issued with this Circular.
h) Report on result of import of medical equipment
The dossier will be addressed to the Ministry of Health (Department of Medical Equipment and Health Facilities) and they will review the completeness and validity of dossier within 05 working days. In case the dossier is complete and valid, a meeting of its consultation Council for issuance of medical equipment import permit will be held to review. The import will only be issued if there is no more requirement for modification or addition of import dossier from the Council. The validity of the import permit is until the validity of the letter of authorization and up to 01 year from the date of signature and issuance.

REDUCTION OF TAX RATES FOR IMPORT FROM JAPAN AND ASEAN COUNTRIES

Implementation of Agreement on ASEAN Japan Comprehension Economic Partnership (AJCEP) and Vietnam Japan Comprehension Economic Partnership (VJCEP), Ministry of Finance issued Circular No. 02 20/2012/TT-BTC and Circular No. 21/2012/TT-BTC dated 15.02.2012 giving instructions on the new special preferencial import tariff.
Reduction of tax rates for import from Japan and ASEAN countries
Reduction of tax rates for import from Japan and ASEAN countries
Accordingly, from the date of Apr 1st, 2012, import tax of products such as electronics, refrigerators, appliances, machinery, and agricultural products, processed food imported from Japan and ASEAN countries into Vietnam will be reduced to the committed schedule.
Under the VJCEP and AJCEP Tariff, most of food items such as meat products and by-products, fish fillets, butter, milk, rice, chemicals, plastics, fabrics and textile materials, iron and steel will be reduced import tax according to the schedule committed; notably some items will have import tax reduce to 0%.
Many electronics will be applied new tariffs such as: telecommunication camera taxes will be reduced from 5% to 2.5% in 2014, some digital cameras will even be enjoied a tax rate of 0% after two years. The appliances such as kitchen utensils, sink, bathtub will also decrease from 19% in 2012 to 14% in 2014.
Notably, agricultural tractors taxe rates will reduce from 10% to 0%; motor vehicles used to transport goods, which the maximum weight of not over 05 tons from 80% to 20%; vehicles used to transport goods with a total weight of 05-10 tons from 60% to 20%.
As commitment in the AJCEP Agreement, goods on the list of common goods (accounting for 88.6% of total tariff lines) are forced to reduce tariffs to 0% in 2025, while during the process, a total of 62.2% tariff lines will be lowered to 0% in 2018.
ANT Lawyers is a Vietnam law firm with international standards, recognized by IFLR1000 on Financial and Corporate practice. We are an exclusive Vietnam member of Prae Legal, the global law firm network covering more than 150 jurisdictions. The firm provides a range of legal services as following to multinational and domestic clients.

WHY INVESTORS SHOULD SET-UP BUSINESS IN PHU QUOC

The improvement in infrastructure system along with the preferential policies have stimulated investors to come to Phu Quoc to set-up company and do business.


Phu Quoc, an island in Kien Giang of Vietnam is in the top of three islands having tourism potential in Southeast Asia comparable to Phuket in Thailand and Bali in Indonesia.  Phu Quoc has become a magnet for attracting huge investment flows from foreign investors in the area of real estate, entertainment, casinos, restaurant or food and beverage service business.
Phu Quoc has temperate weather throughout the year. There are also fresh and friendly forest – sea ecology and the modern transport system on the island with international airport and international hospital. Moreover, many infrastructure projects and international schools are under construction, which are necessary and favorable conditions to invite and attract investors to the Pearl Island for doing business.
Capital inflows to Phu Quoc have really exploded after the “knots” in investment were removed. The new airport went into operation that can welcome larger aircraft and serve more flights, in which there are more international direct flights from China, Singapore, Russia and Cambodia. The 51km long radial route on the island has been basically completed; the road around the island and the branch roads are also being deployed. The power grid was pulled from the mainland to the island, replacing the very high cost gasoline power in the past.
The real estate and tourism consultants all agree that Phu Quoc fully convergent elements of an attractive beach for tourist with year-round sunshine, many beautiful beaches such as Long Beach, Truong Beach, Khem Beach and immense virgin forest. Moreover, Phu Quoc has a strategic location with just 1-2 hours flight to the key tourism markets in Southeast Asia.
Both investment and tourism in Phu Quoc have entered the acceleration phase. By the end of July 2015, Phu Quoc has attracted nearly 200 investment projects, including 136 projects that are being implemented in the area of over 5,100 ha with total registered capitals of 6.5 billion USD. Just one part of those projects become reality then it will make Phu Quoc to become a leading tourist destination in Vietnam, ahead of Da Nang and Nha Trang, competing with the top destinations in the area as Phuket and Bali.
Some of the largest Vietnam corporations such as Vingroup, Sun Group, CEO Group, BIM Group are implementing the huge projects that could alter the appearance of the island. In which the giant in real estate sector – Vingroup has invested projects as: Vinpearl Resort on an area of 300 ha in Long Beach, the combining of golf course and safari zoo on an area of more than 2,000 ha, and the 80 ha commercial complex.
The improvement in infrastructure system along with the preferential business and legal environments i.e. favourable land rental rates, corporate income tax, exemption of visa for foreign tourists make Phu Quoc island of Kien Giang, Vietnam a new attractive place for investment.
ANT Lawyers, a law firm in Vietnam could offer service to set-up company in Phu Quoc through its affiliate office.  We assist clients needing legal service in obtaining investment certificate, business registration, or other  licensing procedures in Phu Quoc, Kien Giang Province, Vietnam.

Thứ Hai, 9 tháng 5, 2016

ADDING FOREIGN SUBJECTS TO OWN RESIDENT HOUSES IN VIETNAM

The Draft Law on House (amended) has currently taken lots of attentions of not only investors but residents. One of the significant amendments is provision on house ownership of foreign organizations, individuals.

According to Articles 161, 162, 163 of Draft Law, there are 3 cases that the foreigners may own resident houses in Vietnam as following:

  1. Foreign organizations, individuals invest the construct resident houses according to projects for sale, lease, hire-purchase sale.
  2. Foreign owned enterprises, branches, representative offices of the enterprises without business in real estate, foreign investment funds and branches of foreign banks permitted to operate in Vietnam are entitled to buy, donate, inherit the commercial houses in projects of resident housesdevelopment, new urban areas, tourism real estate.
  3. Foreign individuals who are allowed to enter Vietnam, not belong to incentive rights, diplomatic or consular immunity.
However, subjects at section 2 and 3 are eligible to own houses in maximum term of 70 years, from the issuance date and can extend according to laws at that moment. They are not allowed to buy and own social houses, just buy and own commercial houses. They are also eligible to own unlimited number of commercial houses in commercial resident house development projects, new urban area or tourism real estate. These new provisions will become important points for real estate market in Vietnam. Especially, the foreign individuals are allowed to enter Vietnam, entitled to buy and own resident houses in Vietnam. It’s expected to make a big change in real estate in Vietnam when the new Law on House (amended) is adopted. ANT Lawyers,your lawyers in Vietnam.